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GUJARAT HIGH COURT
RAJENDRA M. SAREEN, J
JAKIRBHAI NASIRBHAI ABDULSATTAR QURESHI – Appellant
Versus
THE COMMISSIONER OF POLICE – Respondent
| Table of Content |
|---|
| 1. court hears arguments from the respective parties. (Para 1) |
| 2. petition challenges the legality of detention order based on insufficient links to public order. (Para 2 , 3 , 4) |
| 3. court differentiates between public disorder and local criminal issues as per legal precedent. (Para 5) |
| 4. court quashes the detention order due to lack of legal basis. (Para 6) |
| 5. rule is made absolute; permission for direct service granted. (Para 7) |
ORAL JUDGMENT
1. Heard learned advocates appearing for the respective parties.
2. The present petition is directed against order of detention dated 15.12.2021 passed by the respondent – detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner –
detenue as defined under section 2(b) of the Act.
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the offences under Sections 66-1B, 65-AE, 116-B, 98(2) and 81 of the Prohibition Act by itself cannot bring the case of the detenue within the purview of definition un
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